ENHANCING ELECTRICAL SAFETY AND ENHANCING ELECTRICAL SAFETY AND COMPETENCY PRACTICES IN INDUSTRYCOMPETENCY PRACTICES IN INDUSTRY

Presented By

Murugiah SuppiahPresident, Institution of Certified Engineers Malaysia

Organized by:

21-22 July 2011 Kuala Lumpur Convention Centre (KLCC), Malaysia

21-22 July 2011, KLCC

BRIEF HISTORY OF SAFETY AND COMPETENCY LEGISLATIONBRIEF HISTORY OF SAFETY AND COMPETENCY LEGISLATION

• Legislation on safety and competency initially were through state enactments mostly in Perak and Selangor to mining, plantation and relevant industries.

• Records indicate initial legislation on boilers were as early as 1890 and for electrical well before 1914.

• Federal Laws on electrical came into force through The Electricity Ordinance 1949 and The Electricity Regulation 1951.

• Legislation in safety and competency in this country is well established and is in great detail. Changes have been made to ensure such laws remain relevant to the changing environment.

21-22 July 2011, KLCC

BRIEF HISTORY OF SAFETY AND COMPETENCY LEGISLATIONBRIEF HISTORY OF SAFETY AND COMPETENCY LEGISLATION

• Mining, plantation and relevant activities together with the initial “Independent Power Producers” (IPP’s) was the first wave for industrial development in this country.

• Manufacturing industries commencing in the 1960’s is in fact the second wave of industrial development.

• Malaysia is therefore fortunate in having well defined laws on safety, health, welfare, competent control and well trained manpower available when the second wave of industrial development startedin this country, an advantage many Afro-Asian countries lacked.

21-22 July 2011, KLCC

APPROACH IN SAFETY AND COMPETENCY CONTROL IN APPROACH IN SAFETY AND COMPETENCY CONTROL IN UNDERDEVELOPED AND NEWLY DEVELOPING COUNTRIESUNDERDEVELOPED AND NEWLY DEVELOPING COUNTRIES

21-22 July 2011, KLCC

APPROACH IN DEVELOPED COUNTRIESAPPROACH IN DEVELOPED COUNTRIES

Authority Responsible

(ENERGY COMMISSION)

Legislation and Enforcement

Stakeholders active participation and contribution

to compliance

21-22 July 2011, KLCC

ROLE OF STAKEHOLDERS IN ENFORCEMENT & COMPLIANCEROLE OF STAKEHOLDERS IN ENFORCEMENT & COMPLIANCE

ENFORCEMENT/COMPLIANCE ELECTRICITY ACT/REGULATION

Installation Owner

Competent PersonWorker at Installation

Supply Authority

DOSH

Relevant Agencies

Insurance

Consultants

Electrical ContractorOthers

ISO Certification

Manufacturers Product Warranty &

defect liability

21-22 July 2011, KLCC

ROLE OF CONSULTANTS IN ENHANCING ELECTRICAL SAFETYROLE OF CONSULTANTS IN ENHANCING ELECTRICAL SAFETY

Appropriately qualified and designed to comply with

legislation

ConsultantsAnswerable also to

OSHA in accordance to Section 60, OSHA

21-22 July 2011, KLCC

ROLE OF ELECTRICAL CONTRACTORS IN ENHANCING ROLE OF ELECTRICAL CONTRACTORS IN ENHANCING ELECTRICAL SAFETYELECTRICAL SAFETY

Appropriately qualified to Install, Test & Commission

to comply with legislation

Electrical ContractorsAnswerable also to

OSHA in accordance to Section 60, OSHA

21-22 July 2011, KLCC

ROLE OF SUPPLY AUTHORITY IN ENHANCING ELECTRICAL SAFETYROLE OF SUPPLY AUTHORITY IN ENHANCING ELECTRICAL SAFETY

APPROVAL IN WRITING FOR WIRING, REWIRING AND

EXTENSION required from public license

Supply Authority (TNB, SESB)

REGULATION 11, ELECTRICITY REGULATIONS

1994

21-22 July 2011, KLCC

ROLE AND AUTHORITY OF DEPARTMENT OF OCCUPATIONAL ROLE AND AUTHORITY OF DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) IN ENHANCING ELECTRICAL SAFETY AND HEALTH (DOSH) IN ENHANCING ELECTRICAL

SAFETYSAFETY

DOSH has authority in safety under OSHA

DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH)

Including Electrical SafetySection 2, OSHA

21-22 July 2011, KLCC

RESPONSIBLITIES OF INSTALLATION OWNER IN ENHANCING RESPONSIBLITIES OF INSTALLATION OWNER IN ENHANCING ELECTRICAL SAFETYELECTRICAL SAFETY

Responsible to ensure appropriately qualified persons

are employed to design, install, test, commission and operate.

Installation Owner Also to relevant various other

legislations.

Answerable not only under

Electricity Supply Act but also to OSHA.

21-22 July 2011, KLCC

CONTRIBUTION OF INSURANCE AGENCIES IN ENHANCING CONTRIBUTION OF INSURANCE AGENCIES IN ENHANCING ELECTRICAL SAFETY & COMPETENCY CONTROLELECTRICAL SAFETY & COMPETENCY CONTROL

Non compliance to legislation can result

in refusal for insurance or invalidate insurance

liability.

Insurance Agencies

21-22 July 2011, KLCC

ROLE OF COMPETENT PERSON IN ENHANCING ELECTRICAL ROLE OF COMPETENT PERSON IN ENHANCING ELECTRICAL SAFETYSAFETY

Ensure work is carried out in accordance to

Electricity Act and Regulations

Competent Person

Also ensure consultants& contractors employed are qualified and registered and

undertake work in compliance with legislation.

21-22 July 2011, KLCC

RIGHT OF WORKERS AT INSTALLATION WHICH CAN CONTRIBUTE RIGHT OF WORKERS AT INSTALLATION WHICH CAN CONTRIBUTE TO ELECTRICAL SAFETYTO ELECTRICAL SAFETY

Can refuse to work on installation not in

compliance with legislation.

Employment Legislative Protections for workers

(Employment Act & Industrial Relations Act)

Any order by management inconsistent with legislation will be construed as

unreasonable. (Employment and Industrial

Relations Act)

Can resign on constructive dismissal and claim for wrongful dismissal and

seek compensation under Section 20, Industrial Relations Act.

21-22 July 2011, KLCC

CONTRIBUTION OF AGENCIES TO ELECTRICAL SAFETYCONTRIBUTION OF AGENCIES TO ELECTRICAL SAFETY

Codes of Practice, Standards and Procedures

SIRIM & Others

21-22 July 2011, KLCC

CONTRIBUTION OF NGOs TO ELECTRICAL SAFETYCONTRIBUTION OF NGOs TO ELECTRICAL SAFETY

TRADE UNIONS (CONSUMER ASSOCIATION) AND

PROFESSIONAL INSTITUITION, etc

To ensure compliance to Safety, Health and Welfare Legislation and practice.

21-22 July 2011, KLCC

ISO CERTIFICATION AND NON COMPLIANCE TO SAFETY & ISO CERTIFICATION AND NON COMPLIANCE TO SAFETY & COMPETENCY LEGISLATIONCOMPETENCY LEGISLATION

Requires Compliance to Safety,

Health, Welfare and Legislation.

Issuance of ISO Certification

Mostly not complied. Validity of ISO certification

questionable.

21-22 July 2011, KLCC

OBLIGATION OF OWNERS TO COMPLY WITH REQUIREMENT FOR OBLIGATION OF OWNERS TO COMPLY WITH REQUIREMENT FOR PRODUCT WARRANTY AND DEFECT LIABILITYPRODUCT WARRANTY AND DEFECT LIABILITY

Non-compliance to Competency Control in Operation and Maintenancecan invalidate manufacturer liability.

Assurance of Product Warranty and Defect Liability by Manufacturer.

Owners may have little legal rightfor claim on product warranty and

defect liability.

21-22 July 2011, KLCC

ELECTRICAL CHARGEMAN & INDUSTRYELECTRICAL CHARGEMAN & INDUSTRY

Employers are experiencing difficulties in employing

Electrical Chargeman

CHARGEMAN

SHORTAGE

In many cases, position and salary does not fit into Organisation structure.

Suggestionlook into the possibilities of

Issuing specifically plantrestricted certificates for operation works.

Include knowledge on Programmable Logic

Control System (now becoming standard

in installations)

21-22 July 2011, KLCC

STATUS AND ACTION TO ENSURE COMPLIANCE TO STATUORY STATUS AND ACTION TO ENSURE COMPLIANCE TO STATUORY REQUIREMENTS BY 2020 REQUIREMENTS BY 2020 –– MALAYSIA AS A DEVELOPED NATIONMALAYSIA AS A DEVELOPED NATION

21-22 July 2011, KLCC

CONFLICTING PROVISIONSCONFLICTING PROVISIONS

• There are provisions within the Electricity Regulations 1994 which can and has led to conflicting interpretation.

• There are also conflicting requirements, since change of prime movers from steam engines to electric motors, of the Factories and Machinery (Persons in-charge Regulations) which need to be reviewed to ensure compliance with competency control and safety legislation.

• The above conflicting provisions will affect implementation of the new Renewable Energy Act 2011 simply because biomass, biogas projects involve systems, plant and equipment coming under the Electricity Supply Act and the Factories and Machinery Act. This will have to be resolved.

• ICEM has and will take up this matter with the relevant authorities to enable effective compliance.

21-22 July 2011, KLCC

ENERGY MANAGEMENT AND SAFETYENERGY MANAGEMENT AND SAFETY

• Competency control is about safety, reliability and energy efficiency management of the system, plant or equipment.

• Energy Management activities can interfere with safety.

• Energy Management must therefore remain the responsibility of those responsible for the design, installation, operation and maintenance of the system, plant and equipment.

• ASEAN Energy Management Scheme (AEMAS) agreed upon at the ASEAN Ministerial meeting in Phnom Penh in June 2005 allows for all stakeholders to be involved in Energy Management. Hopefully AEMAS will be implemented soon.

• Hopefully the AEMAS will be adopted for implementation soon.

21-22 July 2011, KLCC

CONCLUSIONCONCLUSION• Energy Commission and competent persons cannot, acting in isolation,

enhance electrical safety and competency practices in industry without the active participation and support of all relevant stakeholders.

• This is the approach adopted in Developed Nations, NGOs play a positive role.

• This approach will lead to less legislation , more codes of practice and standards in the management of safety, health, welfare and competency control and thus less direct enforcement process..

• The process of change must take into account the administrative and financial liability that industries will have to encounter. This change must be managed through structured approach – conduct workshops and seminars for stakeholders. Conflicting legislations must be amended.

• We cared for competency - safety, reliability and efficiency since 1890 and 1935 respectively – well before some so called now advanced countries.

• Active participation of stakeholders is CRITICAL to enhance safety.